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WORKERS COMPENSATION ACT 1951 - SECT 10 Casuals not employed for trade or business

WORKERS COMPENSATION ACT 1951 - SECT 10

Casuals not employed for trade or business

    (1)     In this Act, "worker "does not include an individual (the casual employee ) employed by someone (the principal ) on a casual basis to perform work for the principal other than work that is for (or incidental to) the principal's trade or business unless the casual employee is taken to be a worker under any of the following provisions:

        (a)     subsection (2) (which deals with casual employment found through employment agencies);

        (b)     section 11 (Regular contractors and casuals);

        (c)     section 17 (Religious workers).

    (2)     If the casual employee's employment was found for the employee by a person who carries on the business of an employment agent, for this Act the casual employee is taken to be a worker employed by the employment agent.

Examples of casual employees who are not workers

1     A gardener irregularly employed by the occupier of residential premises to work in the garden of the premises (unless engaged through an employment agent—see example 4).

2     A babysitter irregularly employed by the parents of young children (unless engaged through an employment agent—see example 4).

Examples of casual employees who are workers

3     A gardener regularly employed by the owner of a business to work on the grounds of the premises where the employer's business is carried on. The gardener is taken to be a worker employed to perform work incidental to the principal's business (see s (1)).

4     A babysitter irregularly employed by the parents of young children who is engaged through an employment agent. The babysitter is taken to be a worker employed by the agent rather than the parents (see s (1) (a) and

s (2)).

5     A babysitter regularly and systematically employed (for example, once a week over a 6 month period) by the parents of young children. The babysitter is taken to be a worker employed by the parents under s 11 (Regular contractors and casuals)—see s (1) (b).